PPI in court tomorrow time barring and restitution

[300]

Claiming for two mis-sold PPI's Defendant is claiming time barring plus restitution not particularised and asking for summary judgement tomorrow. I thought you did all that in a full hearing, doh! Oh, well. Anyway I have submitted a Witness Statement that covers everything I could think of quoting all the legislation, case law and giving exhibits. The defence lawyers have sent me a folder this morning with all the submitted documentation in a ring folder having the company name splashed all over it. I had already prepared my own folder as per CAG advice - thanks, so will take that it should help in the psychological battle. They sent me another offer letter 2 weeks ago threatening application for costs if I lose the case and the reserving the right to show the offer letter to the judge, basturds. Submitted standard Vincent Vs C. case law for time barring defence and Sempra for restitution. I will appeal if the result is not positive, the defendant has already admitted, 'they could not be certain that I had not been mislead' in a previous offer letter that was not hedged with without prejudice etc - so the odds should be in my favour. I will post tomorrow evening with the result.

[varda]

Best of luck 300.

[alanalana]

Claiming for two mis-sold PPI's Defendant is claiming time barring plus restitution not particularised and asking for summary judgement tomorrow. I thought you did all that in a full hearing, doh! Oh, well. Anyway I have submitted a Witness Statement that covers everything I could think of quoting all the legislation, case law and giving exhibits. The defence lawyers have sent me a folder this morning with all the submitted documentation in a ring folder having the company name splashed all over it. I had already prepared my own folder as per CAG advice - thanks, so will take that it should help in the psychological battle. They sent me another offer letter 2 weeks ago threatening application for costs if I lose the case and the reserving the right to show the offer letter to the judge, basturds. Submitted standard Vincent Vs C. case law for time barring defence and Sempra for restitution. I will appeal if the result is not positive, the defendant has already admitted, 'they could not be certain that I had not been mislead' in a previous offer letter that was not hedged with without prejudice etc - so the odds should be in my favour. I will post tomorrow evening with the result.

Posting Rules

 

Not a Court person more than usual FOS. It has got results but over a long time:D

 

Good luck on the Court front and please post the result:)

 

aa

[300]

Going to need the luck, just received in the post a copy of their costs schedule £4,500! Also the judge is a M***** and so probably thinks I am a monkey, not that I have anything against monkeys or pigs for that matter. I can only hope this is a last minute scare tactic, its working. Oh, well. What a contrast with my £150 costs claim. Nowhere to go but the court room will post pm after the hearing...creeping feeling of doom. We will never surrender - probably.

[ncf355]

£4,500 costs for a PPI action?

 

Taking the michael, big time

[300]

Judge ridiculed the idea of me representing myself "in such a complex case" and suggested I see a lawyer. Judge was fully on Shabbeys barristers side. "Have not read all of your witness statement, blah, blah, time barring does apply, the limitation act only applies in cases of negligence, transfering to another judge in 28 days as you have submitted a letter that shows Abbey made you an offer", "it was not marked with out prejudice" , says I. Then he went on to be bit of a c*** suggested I come to some sort of settlement with the barrister outside the court. He generally ridiculed the idea of being able to claim mis selling retrospectively, when I point out that this was what the Fin. Ombudsman Service did routinely he said "the FSA can do what ever they like", "no I said the FOS", says I. He said the only reason he did not grant summary judgement was that he had now seen the offer letter from Shabbey and was therefore compromised. The letter was from before I started the court action and not marked without prejudice so I thought it was OK. He implied that the summary judgement would certainly go in the Defendants favour and I would be hit witha further £several thousand in costs. Then he gave the barrister his £750 fee with me having 14 days to pay. The judge tried to pile on more pressure by saying Shabbey could go for a charging order to recover the costs and Shabbeys request for summary dismissal was deferred for 28 days. Talked to the barrister outside the court in his role as a court officer (apparently he has to give impartial advice when outside the court) he thinks I can probably get them to drop all or most of the costs if I drop the case. I have 28 days anyway, the bulk of the costs have not been granted yet and apparently I could get free legal representation I thought I would only qualify for 10 minutes with a solicitor. Flipping heck, got to put the house in my mothers name just in case they try to enforce a charging order. Two weeks ago they offered me £750. Incidently, the barrister some public school arse whinned in the waiting room it costs £350 everytime someone complains to the FOS regardless of the merits of the case. I knew that anyway from this site got two complaints against them at the moment, so please bung in all the FOS complaints you can muster, it will make me feel better.

[alanalana]

Judge ridiculed the idea of me representing myself "in such a complex case" and suggested I see a lawyer. Judge was fully on Shabbeys barristers side. "Have not read all of your witness statement, blah, blah, time barring does apply, the limitation act only applies in cases of negligence, transfering to another judge in 28 days as you have submitted a letter that shows Abbey made you an offer", "it was not marked with out prejudice" , says I. Then he went on to be bit of a c*** suggested I come to some sort of settlement with the barrister outside the court. He generally ridiculed the idea of being able to claim mis selling retrospectively, when I point out that this was what the Fin. Ombudsman Service did routinely he said "the FSA can do what ever they like", "no I said the FOS", says I. He said the only reason he did not grant summary judgement was that he had now seen the offer letter from Shabbey and was therefore compromised. The letter was from before I started the court action and not marked without prejudice so I thought it was OK. He implied that the summary judgement would certainly go in the Defendants favour and I would be hit witha further £several thousand in costs. Then he gave the barrister his £750 fee with me having 14 days to pay. The judge tried to pile on more pressure by saying Shabbey could go for a charging order to recover the costs and Shabbeys request for summary dismissal was deferred for 28 days. Talked to the barrister outside the court in his role as a court officer (apparently he has to give impartial advice when outside the court) he thinks I can probably get them to drop all or most of the costs if I drop the case. I have 28 days anyway, the bulk of the costs have not been granted yet and apparently I could get free legal representation I thought I would only qualify for 10 minutes with a solicitor. Flipping heck, got to put the house in my mothers name just in case they try to enforce a charging order. Two weeks ago they offered me £750. Incidently, the barrister some public school arse whinned in the waiting room it costs £350 everytime someone complains to the FOS regardless of the merits of the case. C**p barrister not on the ball it actually costs £500 for everycase submitted to the FOS. So much for him being in the know:rolleyes: Did you get his name so you know who not to rely on in Court:D I knew that anyway from this site got two complaints against them at the moment, so please bung in all the FOS complaints you can muster, it will make me feel better.

 

Firstly have you posted for assistance in the legal forum? if not I can move your thread there for assistance if you wish.

 

Let me know there are legal folks who may be able to advise more on the court issues.

 

aa

[300]

Yes, AA please move me over, the more help the better. Going to ring round for a lawyer that takes legal aid cases locally tomorrow.

[alanalana]

Hello 300 you are now in the legal issues forum you should get some help in here with your issues

 

aa

[300]

Thanks again AA, blood pressure is starting to come down now ;¬), nearly discontinued a credit card claim - the compound interest bit, they have already repaid the charges as feeling wobbly, alienated a friend and nonp(l)ussed the cat.;¬) Would cost me as much to stop now, there is no reason why I should not win, peanuts compared to my other costs...

[300]

Decided on reflection it would be pointless to continue with the credit card claim mentioned above here is my email to the court. 'Thanks, on reflection I am going to withdraw and will send a letter on Monday not because I should not win, because with Judge you know who I can't win he has made it clear in a previous case that he thinks restitution interest is a pipe dream in his court. I had assumed the county court was not a parochial fiefdom but can't afford another set of damages due to the idiot Jack Straws appointments.'

[300]

Received a cheque in the post relating to the claim in my last post which was for the balance of restituition interest on a CC claim. That F***ing judge. Also received his judgement today on the linked PPI cases, he has recognised that the claims are not time barred, which is the opposite of what he implied in the hearing when he was suggesting I do a deal with the barrister outside of the court to avoid costs that might reach £8,000 or more. Settled with a non continuence offer if Shabbey drop costs claims they insisted on a ~"you will not pursue claim with FOS". Checked with FOS first and no agreement should be dependant on not refering the case to them. As there has been no judgement on the case they can look at it - phew, I registered the claim before signing Shabbeys nasty little document. I have been well and truely shafted by the establishment, a pox on their house!

[MrZ]

Received a cheque in the post relating to the claim in my last post which was for the balance of restituition interest on a CC claim. That F***ing judge. Also received his judgement today on the linked PPI cases, he has recognised that the claims are not time barred, which is the opposite of what he implied in the hearing when he was suggesting I do a deal with the barrister outside of the court to avoid costs that might reach £8,000 or more. Settled with a non continuence offer if Shabbey drop costs claims they insisted on a ~"you will not pursue claim with FOS". Checked with FOS first and no agreement should be dependant on not refering the case to them. As there has been no judgement on the case they can look at it - phew, I registered the claim before signing Shabbeys nasty little document. I have been well and truely shafted by the establishment, a pox on their house!

 

Can you give more details surrounding the issue of the PPI claim being time barred or not? I am dealing with a vey similar situation in my thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?304631-Welcome-Finance-PPI-and-Mr-Z/page29 and I have to admit the issue of time barring has be very concerned.